Company policies, terms, and condidtions
STANDARD POLICIES, TERMS AND CONDITIONS
CLIENTS: In order to become a Vivid Expressions LLC Client 1.) a consultation must be schedule 2.) a questionnaire must be completed and consultation must be conducted to determine needs and if we are the best fit for each other. Note: In most cases a proposal is created and presented typically via email 3.) finally, a retainer is paid to retain the Designer and (if necessary) reserve an event date.
PAYMENT: Client’s service agreement and/or service order contract the Final Balance will be due 14 to 30 business days prior (excluding Weekends and State and Federal Holidays) to the Client’s event date which will be outline in their service proposal. Client's may receive an electronic invoice which may be send monthly unless other payment arrangements are made or indicated. Payments may be made by credit card (via electronic invoice), Paypal, or check. Vivid Expressions LLC reserved the right to charge an additional minimum $50 fee if Vivid Expressions LLC receives an "Insignificant funds", "returned check", "bounced check" or similar banking transaction as a resolve of a client's check.
Vivid Expressions LLC will have a minimum fee and/or product/service order requirement for products and/or services booked or ordered from Vivid Expressions LLC. Vivid Expressions LLC has the right to base their pricing on an estimated maximum ("up to") number of service hours and/or resources (which may include but is not limited to products and labor) needed for an estimated maximum ("up to") number of invited event guests, attendees, or event size. If the client's event size or guests/attendees numbers increase over their original estimated maximum number of estimated guests/attendees than the client's contract service fees/price may be increased to accommodate the increase in time, labor, staffing, etc. This adjustment may be done by (and additional costs remitted to) Vivid Expressions LLC no later than 14 business days (excluding holidays and weekends) prior the client’s event.
Additional cost for additional products (example: additional centerpieces for additional tables) may also be required and either an adjusted or additional product invoice may be generated for the Client based on need. As with all contracts/client accounts, payment in full of final balance is due no later than 30 business days prior to event date or upon receipt of final invoice.
CONFIDENTIALITY AGREEMENT: Concept Boards, Story Boards, Illustrations, Designs, created pieces of art, custom rental products, etc. for the event will be considered original artwork by the Artist (Janel Bailey Keen and/or her associates) and may also be consider the intellectual/creative property of Vivid Expressions LLC and their Artist(s). The Client, upon signing of the contract, agrees to the confidentiality of any artistic techniques, procedures, concepts, designs, ideas, artwork, etc. discussed or revealed to the Client for the event and will agree not to discuss, disclose, copy, or imitate them with any other organizations, companies (including but not limited to competitors, other designers, other artists, other coordinators, etc.) or use as their own without the expressed written permission of Vivid Expressions LLC. All designs, Artistic Renderings, images of designs, photographs of designs/events, and creative concepts created for the Client will be considered the exclusive intellectual property of Vivid Expressions LLC and the Company reserves the right to use them (as they see fit) in any and all marketing, promotions, advertising, etc for Vivid Expressions LLC.
CREATIVE DESIGN SERVICES: Event Design Concept work (and/or decoration services) from a Vivid Expressions LLC professional Fine Artist are offered with Creative Design Service Packages or otherwise outlined as a standalone products/services in a Client’s separate Service Order Contract. Additional time required to do Creative and/or Design outside of that outlined in service agreement may be subject to billable hours at the established hourly rate starting at $75 per hour. Vivid Expressions LLC may create Illustrations, Concept Boards, and/or other types of visual aids to develop the concept and design of the event which may be included in select service packages (please see Service Contract Description). All Concept Boards, Illustrations, etc created by Vivid Expressions LLC may be considered “Artistic Renderings” which are to be used to relay a general representation of design concepts and are subject to interpretation and change. Please note that the final production or product(s) may vary from artwork. Any event décor, designs or Artistic Renderings (designs, illustrations, concept boards, etc.) created by Vivid Expressions LLC for someone who has not signed a service contract is subject to a “Custom Design Art” fee. Design fees for illustrations, concept boards, etc. created for any aspect of an event’s design may be subtracted from the service contract cost once a service contract has been signed depending on the type and details of contract. Illustrations depicting designs are part of Vivid Expressions LLC Floral & Décor process and products created by Vivid Expressions LLC - final look of the designs cannot be guaranteed if another vendor is hired to create these products.
ADDITIONAL SERVICES: As stated above, all services should be agreed upon at the time this contract is signed. Additional services (ex: Hourly Caricatures drawings services, Candy Buffets, specialty linen rentals, etc.) may be ordered in a separate Service Agreement and may be billed at an additional fee and/or rate range from $75 to $125 per hour (Ex: Caricaturist starting at $125 per hour) beyond hours stated in the terms of the contract. Vivid Expressions LLC will make every effort to fit additional product and/or service requests into its schedule without jeopardizing any other commitments or the needs of other Clients. Should the Client require additional services beyond that included or outlined in the service package agreement, Vivid Expressions LLC shall bill the Client for a fee/rate depending on the types of services needed, plus any expenses for the materials used, payable upon demand. Vivid Expressions LLC is an authorized retailer for several product lines (ex: Bulk Favors) and other distributors. Vivid Expressions LLC may offer the option of willing work with its suppliers to provide products to Clients/Customers and may offer optional products or suggestions if desired products are unavailable. Vivid Expressions LLC cannot guarantee the availability of any retail or rental product though any supplier but may make every effort to provide suitable substitutes.
DELIVERY, TRAVEL, AND ACCOMMODATIONS: Vivid Expressions LLC offers its services and is willing to travel to provide service throughout the state of Virginia, DC, North Carolina, and beyond. For Bailey-Keen Design Collection and/or Floral Design, Decor, and rental services may have a delivery fee which is typically $200 and is applied to your product service order. Delivery fee is dependent on the number, size, scale, and scope of your product needs/order and factors such number of vehicles required for delivery, gas, mileage, size and scale of floral arrangements, decor, alter decorations, props, and items being delivered. Delivery fee will be estimated and included in the service quote and/or the written Product Service Order. Events that require Vivid Expressions LLC Consultant/Representative(s) to travel destinations over 60 miles from our office location in Norfolk, Virginia or outside of the state of Virginia for the event (including but not limited to site visits, consulting/design meetings, rehearsals, production work, etc.) may be subject to a .60 cents per mile travel fee. Also, overnight accommodation may apply for some "out-of-state". For "destinations" requiring the Vivid Expressions LLC Consultant/Representative to travel over 60 miles from the Vivid Expressions LLC office in Norfolk the Client may by responsible for providing accommodations (which may be at the event hotel or at a reputable hotel/Inn near the event location) of a minimum of one hotel room with 2 double beds for check-in on the night before the event and check-out for the night after the event.
EVENT DESIGN, RENTALS AND PRODUCT SERVICES: Vivid Expressions LLC may consult the Client on recommendations, options, techniques, guidance, direction, and advice on the products, rentals, vendors, and suppliers needed to execute designs based on its past experience, training, and knowledge. Design and/or Consulting Clients may choose to use Vivid Expressions LLC/Bailey-Keen Designs as their Floral Designer (Florist), décor provider, rental products provider, provider of and/or other custom created products and (typically after a Design Presentation with an estimate) place an order for these items/rentals in a separate written service order contract with a separate invoice. The Client may also choose to hire/place an order for or contract similar items (which may or may not be recommended by Vivid Expressions LLC) through another vendor/supplier (ex: Florist, rental company, etc.) of their choosing or Client may choose to utilize a combination of Vendors (which may include Vivid Expressions LLC/Bailey-Keen Designs) and Vivid Expressions LLC will work with these other vendor/product suppliers to execute the final design. If Vivid Expressions LLC is contracted as the Event Designer or Event Coordinator Vivid Expressions LLC may act as lead coordinator may offer advice, referrals or suggestions on products as well as alternative product resources and reserves right to work on the Client's behalf to direct, facilitate, and orchestrate (including other design related vendors) during development, design process, logistics, final installation of design and “day of” design/event production. Vivid Expressions LLC may, at its digression, work with all of the vendors including outside product suppliers to insure the on-site delivery, install, set-up, and/or placement of flowers, decor, etc. during the event. Vivid Expressions LLC may also oversee breakdown and removal after the event ends.
EVENT PRODUCTS AND RENTALS USAGE: All products used for the decor, design, and enhancement of the use for an event from Vivid Expressions LLC is either the property of Vivid Expressions LLC or their Vendor-partners and/or resources. Produces are to be used for the event only and will be returned to Vivid Expressions LLC (or Vendor-partners/Resources) or collected by Vivid Expressions LLC at the end of the event. Products provided by Vivid Expressions LLC may require a separate written Service Order contract and separate invoice for the Client. Product Service Order contract focuses on executing design(s) with specific items (ex: Décor rentals, linen rentals, chair rentals, etc.) being ordered from Vivid Expressions LLC by the Client for an event. Depending on the items being ordered, Vivid Expressions LLC products and product rentals may be subject a production fees (which may include but is not limited to labor fee, cleaning fee, etc.) incorporated in the cost of the product line item or cost that has been incorporated in the cost of the line item with perishable product - for example, floral arrangement inside event decor vase item. Products containing fresh flowers, perishable items, artificial items, or other decorative products including (but not limited to) flower girl baskets, vases, trays, etc. are considered "on loan" or rented items and should be returned to Vivid Expressions LLC and should be returned upon the event's completion. Personal Flower products such as bouquets, boutonnieres, fresh petals, and corsages may be taken by Client. Floral arrangements, centerpieces, and displays (both Floral and Non-Floral) may contain non-floral mechanics and structural materials such as containers, floral frogs, wires, and other components that will need to be removed, de-constructed and may be recycled or reused again by Vivid Expressions LLC. All Floral arrangements, centerpieces, and/or display items provided by Vivid Expressions LLC must be returned to Vivid Expressions LLC (unless specific arrangements have been made in writing by Vivid Expressions LLC and the Client to provided Client with these items after the event). Please note, some floral arrangements may be temporarily donated to charitable organizations such as local retirement home, women/children’s shelter, etc. as to re-purpose used fresh flowers for the remainder of the flower's life-cycle - upon their death the will also be taken by Vivid Expressions LLC to be de-constructed to reuse containers and other reusable/recyclable materials.
DRESS CODE: Vivid Expressions LLC (and/or it's representatives) may be responsible for coordination, production, an array of manual labor, or any combination of various tasks through the event and will be directed do such tasks at the discretion of the Vivid Expressions LLC Lead Coordinator for the event. Due to the scope and range of tasks necessary to be done at any given event Vivid Expressions LLC representatives may typically wear neutral color, black or dark pants (including but not limited to dark slacks or dark jeans for set-up/staging members conducting manual labor, loading, heavy lifting, etc.), white, black, or neutral colored shirts (which may be button-down, non button-down, collared, non-collared, etc.), Vivid Expressions polo shirt, Vivid Expressions T-shirt (typically by manual labor representatives), or any other attired (including shoes) that will allow the representative to do his/her job in an effective yet comfortable manner before, during, and after the event. Vivid Expressions LLC representatives may or may not also wear names tags to identify themselves as well as 2-way radios with ear-pieces for communications purposes throughout the event.
LIABILITY: As a contracted coordinator, Vivid Expressions LLC is acting solely as an agent for the Client. All other vendor contracts will be signed by the Client (or a representative of the Client’s organization) and the Client is responsible for all payments in full and/or terms of the vendor’s contract. Although Vivid Expressions LLC provides coordination and referrals, each vendor is responsible for his or her own actions, so please read each contract carefully. Vivid Expressions LLC does not accept responsibility for vendor cancellation if payments to vendors are not received in the time agreed to guarantee confirmation of such vendors. Vivid Expressions LLC does not accept any monies from vendors. Vivid Expressions LLC is not responsible for the condition of, long term storage of, or cleaning of any products provided by outside vendors or the Clients for the use of the Client's event (ex: Vivid Expressions LLC will not Clean Charger Plates provided by a 3rd party vendor, outside vendor, or Clients after an event). If Vivid Expressions LLC is performing the set-up of products for an event from a 3rd party vendor, outside vendor, or products provided by Clients the Client may be required to sign a product inventory check list upon Vivid Expressions LLC's receipt of products and will only accept and return outside products in "as in condition" for temporary use during the Client's event. Vivid Expressions LLC provides information, advice, and recommendations based upon its experience and expertise. Outcomes may vary from situation to situation and Client holds us (Vivid Expressions LLC) harmless of any outcomes, advice, or recommendations offered by Vivid Expressions LLC regardless of if taken or not taken.
ENTIRE AGREEMENT: This agreement supersedes any and all other agreements, whether oral or in writing, between the parties hereto with respect to the subject matter hereof, and no agreement, statement or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. Vivid Expressions LLC/Vivid Entertaining reserves the right to terminate this agreement if the relationship between the parties is not mutually satisfactory.
SUCCESSORS AND ASSIGNS: The client will responsible for updating Vivid Expressions LLC/Vivid Entertaining with any changes to the event or their personal contact information including (but not limited to) vendor selections, guest numbers, bridal party, point of contact, change of address, etc. This agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties. Vivid Expressions LLC reserves the right to substitute and/or assign another representative(s) of Vivid Expressions LLC in any capacity, at any time the company determines it is necessary to direct, produce, and otherwise fulfill event coordination, services, and/or other obligations.
ATTORNEY'S FEES: Any legal action taken again Vivid Expressions LLC will go to arbitration. If any action at law or in equity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable legal/attorney's fees in addition to any other relief which said party may be entitled.
CANCELLATION POLICY: If you need to cancel and reschedule an appointment Vivid Expressions LLC asks to be contacted 24 hours prior to the appointment. If an appointment is schedule and the client/customer or potential client/customer misses the appointment without contacting Vivid Expressions LLC a "no call, no show" fee of $25 may be charged. Either party may terminate this agreement, with or without cause, by giving the other party written notice (hardcopy) thirty days prior to the termination date. The Consultant, Event Designer, or Floral Designer shall cease to work on the termination date and shall not incur further expenses in connection with the services. Deposits, Retainers, and all account payments are non-refundable. Any payments made towards the client's account will be applied towards billable hours (including but not limited to; time, labor, travel, materials, etc.). The Client shall pay for all services (including but not limited to time rendered) and expenses incurred by Vivid Expressions LLC up to the termination date.
If you have any additional questions regarding Vivid Expressions LLC policies, terms, or conditions please feel free to contact Vivid Expressions directly at firstname.lastname@example.org